Supreme Court of India · 2012-03-14
Jai Prakash Singh vs State Of Bihar & Anr.Etc
- Citation / case number
- AIR 2012 SUPREME COURT 1676
- Court
- Supreme Court of India
- Petitioner
- Jai Prakash Singh
- Respondent
- State Of Bihar & Anr.Etc
- Author
- B.S. Chauhan
- Bench
- Jagdish Singh Khehar, B.S. Chauhan
Judgment text excerpt
The Supreme Court analyzed the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in the context of a murder case where the accused were alleged to have fired upon the deceased, resulting in death. The Court held that the High Court erred in granting anticipatory bail without adequately considering the gravity of the offense and the strong motive established against the respondents, as indicated by the FIR and eyewitness affidavits. Consequently, the Supreme Court set aside the High Court's orders and denied anticipatory bail to the respondents.